How long does a battery charge stay on your record?
How long does a battery charge stay on your record?
It stays on your record forever unless you take action to remove it. You must have at least three years from the date of conviction as a bare minimum to qualify. The statute is kind of a pain, so if you have any other criminal convictions, it may complicate the process or prevent you from getting the matter expunged.
Do domestic violence charges go away?
Domestic Violence Cases can be Expunged in California. These cases can be expunged, and felony cases reduced to a misdemeanor and then expunged, so long as no state prison time was imposed. The most common convictions are: Penal Code 273.5 Corporal Injury to a Spouse or Cohabitant.
What happens if you get charged with battery?
California Penal Code Section 243(a) makes misdemeanor battery punishable by a fine of up to $2,000, by imprisonment in a county jail for up to six months, or by both. If it is charged as a felony, the defendant can be sentenced to state prison for 16 months, two years, or three years.
How bad is a battery charge?
Simple battery as a misdemeanor crime will usually result in small criminal fines, and/or a maximum jail sentence of one year. The more severe forms of battery, such as aggravated battery or sexual battery, will usually result in felony charges. Felony charges carry more severe legal consequences and punishments.
Can a battery charge be dropped?
The charges can be dropped only if the Prosecutor agrees to dismissing the charges. Prosecutor’s seldom drop charges, however, with an attorney your charges can be reduced and you could even negotiate a plea and abeyance which is the most likely scenario.
What’s worse battery or assault?
The main difference between a battery charge and an assault charge is the actual presence of harm and the threat of harm. Someone can only be charged with battery if they have caused real physical harm to someone, while a person can be charged with assault if the mere threat of harm is present.
How do I know if my charges have been dropped?
Very simple answer. Call the criminal clerks office in which you were charged with the offense. Give them your name and the charge. They will be able to tell you exactly what happened with your case.
Do drug charges ever get dropped?
Drug crimes are some of the most common criminal offenses prosecuted each year. It is possible to avoid some of these potential drug penalties by having drug charges dropped in a drug case. Although this is not possible in all cases, many defendants succeed in having the charges against them reduced or dismissed.
Can dropped charges be brought back up?
Charges do not come back if they are dismissed with prejudice. However, the court might also dismiss charges without prejudice. Charges are often dismissed this way if the court thinks the prosecution will be able to gather additional evidence. The prosecution may then bring these charges back later.
Can a case be dismissed if the date is wrong?
If the date of offense is incorrect, and the error is clerical, then the Court will not be inclined to dismiss the complaint. The DA’s office can move to amend the date of offense to correspond with the facts.
What happens if a victim recants?
Once a 911 call is placed, there is no turning back Even if the alleged victim of domestic violence recants the allegations that you committed domestic violence, it will not matter to the prosecutor. The prosecutor’s office could still file misdemeanor or felony criminal charges against you.
